There’s no question that child custody is one of the most complex areas of family law. There are of course some custody situations that are more complex and some that are rather simple. When it comes to domestic violence, California law seems simple: A judge isn’t supposed to give custody to any parent who’s committed domestic violence. However, even this rule isn’t as cut and dry as it may seem. Read on to learn more and then reach out to Kendall Gkikas & Mitchell to learn more about your options.
There are situations in which a parent can get custody even if they’ve been convicted of domestic violence
The law is clear that only in specific circumstances can a parent have custody if they’ve been convicted of domestic violence. All of the following conditions must be met:
- The judge deems it’s in the best interest of the child;
- The parent hasn’t committed any additional acts of domestic violence;
- The parent has gone through a 52-week batterer’s program;
- The parent has compiled with all court orders including programs for drug and / or alcohol abuse, parenting classes, and terms of probation, restraining order, or parole, as applicable.
That said, just because a parent meets those qualifications doesn’t mean they’ll automatically be eligible for custody.
Domestic violence doesn’t always involve physical violence
When most people think of a domestic violence victim, they think of a person who’s been beat by their partner. While that certainly counts as domestic violence, it can also be verbal or written. Stalking, harassing, threatening abuse, intimidating, sexual assault, destroy your property, disturbing your peace, and emotionally abusing you can all count as domestic violence.
Eligibility for a domestic violence restraining order
If you’ve been abused then you may be able to petition the court for a domestic violence restraining order. This is an official court order that is designed to protect you from further harm. If the person who’s abused or threatened you is your spouse, your domestic partner, your former spouse, your boyfriend or girlfriend, or someone you’re closely related to by blood or marriage, then you should contact an attorney right away to see if you quality for a domestic violence restraining order.
If the restraining order is approved, the person in question is not allowed to own a firearm, contact you in any way, come near your work or live with you. They may also be required to pay child support and possibly spousal support.
You need an attorney to help you through this process
The situation you’re in today is difficult. It’s complicated and you likely feel emotional, overwhelmed, angry, and a host of other feelings. You need an unbiased person to come in and offer you the basic options available to you. The experienced attorneys at Kendall Gkikas & Mitchell are here to do that for you. Call us today at 909-482-1422 to learn more about the ways that we can work to protect both you and your children.
